K. VENKATA RAO Vs. KOTAK MAHINDRA PRIME LTD

JUDGEMENT

(1.) This revision petition filed under sec. 21(b) of the Consumer Protection Act, 1986 (in short, the 'Act') assails the order dtd. 4/4/2019 of the Karnataka State Consumer Dispute Redressal Commission, Bangalore (in short, 'State Commission') in Appeal No. 469 of 2017 dismissing the appeal against the order of the District Consumer Disputes Redressal Forum, Bengaluru (in short, 'District Forum') in Consumer Complaint No. 720 of 2014 dtd. 18/1/2017.

(2.) The brief facts of the case as per the revision petitioner are that he had purchased a used Toyota car bearing registration number TN 37 AV 4500 from Anaamalais Toyota, Coimbatore for which he obtained a loan of Rs.5,00,000.00 from the respondent. He had filed Consumer Complaint No. 90 of 2012 before the District Forum, Coimbatore alleging excessive amount claimed/recovered by the respondents which came to be allowed. He thereafter filed another consumer complaint before the District Forum, Bangalore (No. 720/2017) on the ground that the cause of action was a letter issued by the Bangalore branch office of respondent no.1. This complaint was dismissed with costs of Rs.5,000.00 on the ground that the cause of action was established at Coimbatore and relief had been sought regarding the EMIs to be paid on the loan taken for the purchase of the Toyota car from Anaamalais Toyota, Coimbatore from respondent no.1. The cause of action was not considered as it was a letter issued at the request of the applicant and was not a demand letter.

(3.) The State Commission's order is based on the exhibits produced before it and the references to them in the District Forum's order. The order reads: